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tv   Americas Newsroom  FOX News  August 24, 2009 9:00am-11:00am EDT

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rich"? >> that is right. [laughter] brian: i liked the part reuse ago passed cnn. -- i like a partner you said to go past cnn. gretchen: join us for the after the show show. have a fabulous monday, everyone. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- megyn: good morning, everybody. health care reform is on the verge of all-out political war. a senate democrat ramping up talk of an explosive packed act that would pass a bill -- an explosive tactic that would pass the bill with zero republican support. chuck schumer saying that his hand is on the new button. >> the bottom line is that we prefer a bipartisan approach, which is why senator reid and president obama bent over
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backwards, this bipartisan bill was supposed to be done after a series of deadlines. at some point soon after we get back, if we do not have a bipartisan bill we bill never be able to meet the goal of having a bill signed into law by the end of the year. yes, we are considering alternatives. megyn: that is where we begin this morning. welcome, greg. gregg: good to see you. you can feel him edging closer to that music button. megyn: he does not care. he is ready to go nuclear. gregg: those comments are coming on the heels of a conversation between tom daschle and the president. the white house is saying that they simply talk about ways to lower health costs. megyn: politico is now saying
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that they did indeed talk about the so-called nuclear option, also known as reconciliation. both are fancy terms for a legislative move that would allow the democrats to push through a health care reform bill with a simple 50 one-vote majority in the senate. bill salmon joined us live on this. >> good morning. megyn: chuck schumer seem giddy. he has got the finger on the button. saying that they have bent over backwards to work with republicans, but that they are getting ready to go nuclear. do they mean it? or is that just chuck schumer? >> i think that he means it, signaling what people are coming to the realization of. that they will have to go to the nuclear option, because there is no support. where he gets it wrong is blaming it on republicans,
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saying that they will not work with us. the truth is that the democrats have 60 members in the senate. that is a filibuster proof majority. they do not need republicans to go to the nuclear option. they could win it fair and square with a 60 vote majority, but people like joe lieberman are saying that they will not support this because we need to get out of the recession first. megyn: when this bill was in the house we heard a lot about blue dog democrats that wanted certain concessions, some of which they got and some of which they did not. now, over in the senate, democrats have been pointing at republicans saying that we cannot satisfy them. is there a blue dog contingent or something akin to that in the senate that is holding this up? if chuck schumer and read could
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do this with their 60 vote majority, would they? or do they just not have the votes? >> they do not. lieberman is counted amongst the democratic caucus, even though he is an independent. he had been counted on. for him to say that we are not betty for this right now, that takes you down to 59. -- for him to say that we are not ready for this right now, that takes you down to 59. joe biden would break the boat, if necessary. even andrew stern said the other day that if health-care fails, democrats -- he is one of them -- will not be able to blame republicans. they have a bigger majority in the house. the blame game will be crucial. i am not sure that republicans are going to believe that it is
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-- i am not sure that the public are going to believe that republicans are at fault if it is pushed through only by the democrats. megyn: bill salmon, always appreciate you coming on. thank you. gregg: 43 senators are in favor of a public option. megyn: that is not 60. gregg: not even 51, and i am not good at math. there are new questions about what health care option in the senate -- joe lieberman said that the president is pushing for too much too soon. >> i do not think we have to think about putting off a lot of that until the economy is out of recession. we have to get started. i think that the place to start is cost health delivery reform
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and insurance market reforms. >> democrats control 60 votes in the senate. ted kennedy, robert byrd, making joe lieberman's vote a key factor in the passage of the senate version. megyn: an election forecast coming from a respected analyst, charlie cook warns that the president's party could face significant losses in midterm elections next year. he estimated that democrats could lose between six and 20 seats in the house and senate combined. but that those numbers might underestimate losses. looking at the president's all- time low approval rating, the look has been revised -- they could lose more than 20 seats according to him, noting that
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the president's numbers are plummeting even as the economy appears to be bouncing back. gregg: tracking h1n1 as we get new questions this morning on the vaccine. when might it be ready? how much could be available for you out there? the center for disease control is preparing for a news conference. jonathan, where are they in terms of developing a vaccine against h1n1? >> the vaccine is currently in adult trials. they are apparently going very well. researchers say that they have seen no red flags as far as safety. that gave them the go-ahead to go forward with children trials, as well as pregnant women. they are anticipating having a vaccine out sometime in the middle of october. gregg: has the threat changed at
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all? i know that there has been a lot of talk about mutation. >> there were fears that this virus might mutate, so far that has not happened. all summer they were keeping a close eye on the southern hemisphere, well into the flu season. the virus being isolated there is identical to the one that was seen here in the spring. gregg: let me bring this full circle. you are there at the news conference that is going to start shortly. what is this about? >> a two day seminar for journalists to give us a better background on the flu in general, but there is a lot of public interest in h1n1 in particular. there is a lot of fear and misconception. the cdc is open to address the facts to help us in -- hoping to address the facts to help us in
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informing the public. gregg: for more information on h1n1, you can go to foxnews.com and enter h1n1 into the key word search and you will get answers to all of your questions. check it out. megyn: new developments this morning in the case of the murdered model, modelfiore. -- jasmine fiore. we have a stunning new video that may provide the motive for her more -- murder. gregg: the first u.s. death because of hurricane bill, we will tell you what happened when a wave hit the coast of maine. megyn: it is called "your life, your choices." a document given to the veterans assessing whether their lives are worth living.
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claims and send you a free meter. call right now and they'll also send you a free diabetic cookbook. diabetes doesn't have to slow you down. join me and over a million people who trust liberty medical. megyn: what a tragedy in the state of maine. it rogue wave grabs a group of spectators, sweeping them out to sea -- including a 7-year-old girl who has died. the coast guard told five people from the rough water outside of
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arcadian national park. this is video of the coast guard attempting to rescue those people. a group had gathered on a platform 15 feet above the water to watch the storm surf when a wave came crashing down on top of them. the body of the little girl was found five hours later. they were visiting from new york. just awful. gregg: there is yet another split in health-care negotiations. this one is between top house democrats. house speaker nancy pelosi and her number to seem to disagree on whether a government run -- #two seem to disagree on whether a government run option should be in the bill. >> we believe that the public option is necessary, useful, and
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an important aspect of this. but you know that we will have to see, because there are many other important aspects as well. billy -- gregg: and member of the house committee joins us live. it is not just nancy pelosi that says that there has to be a public option. on the senate side, one of the chief negotiators said that there is not now and never has been an appetite for a public option. are republicans going to sit back and watch a democrat civil war? where, in the end, nothing happened? which, by the way, according to our fox poll, that is what people would prefer.
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>> clearly, we need some kind of health care reform. but we need to fix the things that are broken. what we do not need to do is have this radical federal government takeover of our health-care system, which will ration health care. it appears that the democrats will debate amongst themselves. we've kind of humorous when they tried to blame republicans, they have an overwhelming majority and they can pass whenever they want to. gregg: you say that something needs to be done, i think that many people agree. the wall street -- "the wall street journal" has a story that shows they are thinking about splitting this in two. the other part of the bill would be to enact all of the parts of the reforms that people agree on, like covering pre-existing conditions and taking away caps
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on coverage. split it in two? >> i am fearful that the option is not an option at all. as we have seen in canada and the uk. i want to make sure that people have a health care that they need at a price that they can afford, including a tax benefit for the individual. that way people can choose their health care, including the ability to shop across state lines. gregg: pass a bill that has all of what you are saying, let the democrats argue over the public option and maybe the civil war will produce nothing on that gave t. >> that is a possibility. republicans have been together since day one on that, not following what is going on in
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the senate, there was no effort whatsoever. gregg: let me ask you this -- we were talking to bill salmon, been chuck schumer over the weekend, they said that they were going to pass without a straight up about. under the senate rules, you got a bill that it improved federal spending. how could the world -- how in the world to the president sign a bill like that when he said that he would not sign anything that is not budget neutral? >> that is a good question. the answer is a massive tax increase on the american people. reconciliation is an abuse of the process that was set up in the senate to save money, not put through a radical government takeover of health care
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decisions to ration health care. it would be an abuse of the process. the only way that it would be done would be a massive, jacket -- job killing tax and run on the economy -- end run on the economy. gregg: congressman, thank you for being with us. megyn: late friday afternoon, a white house bombshell. did you catch it? at that point, which is where you try to bury things in, sticks -- in politics, the administration released staggering information about the deficit. this is huge. an update, here. gregg: new videotape just in to "america's newsroom." is this case the reason -- is this videotape the reason that model jasmine fiore was murdered
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by her reality star husband?
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megyn: check out this videotape. this just in to fox news courtesy of the folks at tmz. what this, the video might provide a motive in the murder of model jasmine fiore. it shows her less than one month before she was murdered with a man that is identified as her boyfriend, although he calls her ginger. they are at a swanky resort. let's just look at the video for
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a second. >> she is over there somewhere. megyn: they are together, this hanx s and ginger, jasmine fiore as identified by this videotape. at the time, her husband was nowhere to be found. police believe that the man shown here, ryan jenkins, is the man behind the murder. we are waiting for a news conference right now, authorities. we got news of late last night that ryan jenkins is now dead. police believe that he killed himself in a motel room in canada, after a manhunt during which police believe he was responsible for the murder. on top of all of this, there was a mystery woman that helped jenkins checked into that hotel. just to get you up to speed,
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last week the mutilated body of jasmine was found in a trash bin last week, leading to the manhunt for her new husband. a long and sordid story, getting more so. joining us with the latest is a member of our los angeles affiliate. just before we thought this story could get more bizarre, we are wondering who helped to check this man in to canada, now we have this video tape. new motive? >> jenkins and fiore met only in march, she was a stripper and he was some kind of real estate salesman, and now they are both dead. he apparently cut off her fingers and pulled out her teeth to hinder identification.
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now jenkins has been found in a hotel room in british columbia, dead. friday a mystery woman paid cash for three days. when they did not check out yesterday as scheduled, the motel manager check on them in the room, apparently he had used a belt to hang himself from a coat rack. it has been speculated for the past week, as jenkins has been the subject of this manhunt, all of this definitely plays into the theories of authorities. he questioned who, if anyone, helped him to evade capture and hide out in canada. they could be subject to prosecution as well. megyn: before i let you go, did he leave behind a note to? >> they have not said so, because the hotel manager -- the source of most of disinformation
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-- has said nothing about a note. just then he saw the body and that that is all the details that are being released. the mounted police are traditionally reluctant to release details. megyn: what a situation, this is just so sordid. thank you so much. gregg: we are going to talk to wendy murphy about this case as well. there may be accessories after the fact. megyn: what about that mystery woman? gregg: or the parents. megyn: what was she doing at this resort one month before she died, four months after she was married to ryan jenkins? gregg: unanswered questions. president obama, slamming critics for mentioning death panels, but he is not talking about the end of life practices at the veterans affairs
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administration. wait until you hear the strangely leading questions the counselors are told to ask our veterans. megyn: live pictures from the white house, the obama administration has seriously and explaining to do after releasing this nugget of news late on friday afternoon. the national deficit is bigger than we thought. make that a lot bigger than we thought. stuart varney will tell you why in three minutes. >> ♪ that is what i want (mom) for just $9, you can get them shoes from names like danskin now and starter. select eyeglass frames are just $9 at walmart - and they have a 12-month guarantee.
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so i wanted to stop my bone loss. but i did more. i reversed it with boniva. ask your doctor if boniva can help you stop losing, and start reversing. (announcer) for a free trial offer, call 1-800-4-boniva. gregg: here at fox wheat paid extra attention to the announcement from the white house on friday. it will affect our country in all kinds of ways. the office of management and budget saying that the federal deficit will be $2 trillion over the next 10 years, $2 trillion higher than previous estimates. $9 trillion, up from $7 trillion. tomorrow we are expected to hear the deficit numbers for this year. stuart varney, time to join him from the fox business network.
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the white house was way off on the employment numbers. we knew that. i think that we expected that they were using fuzzy mathematics on the deficit numbers. now, has this exposed that canard? >> yes. the white house has always used rosy economic projections to justify policies. tomorrow we will get the real numbers from the congressional budget office. it is likely to show that the deficit this year is bigger than previously thought, and that the deficit for the next 10 is much bigger. this affects everyone in two ways. it is very difficult to get health care reform with a price tag of $1 trillion in place when you have got an expanding deficit. two, each one that is tacked onto the debt means an extra $50
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billion in interest every year. if you do the math, projecting an extra $9 trillion or $10 trillion, if you go with that number, which is that led the, you are adding half of a trillion dollars every year just in interest. gregg: there is no way to service that kind of debt. there is no inclination from the white house or the congress to do that. you could print more money, but that causes inflation. the other alternative is to increase taxes, deterring economic growth. >> you are telling the story that is forming. you can drive down the value of the u.s. dollar, therefore devaluing the debt that we have outstanding. any way that you slice it, the outlook is not positive.
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gregg: thank you, stuart. thank you for such great news. >> i am always characterized at offering up the bad news, and i am sorry about that, but underlying all of this rally on wall street is a serious long- term problem. gregg: thank you. megyn: just as the white house says people fear death panels, but that those fears are based -- baseless, the administration is pressuring disabled veterans to hurry up and die. asking physicians at the hospitals to refer to our nation's veterans to a pamphlet called "your life, your choices ." it sounds innocuous, but inside it asked veterans to decide whether their lives are worth living in a nursing home, wheelchair, or if they have become a financial burden to
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their families. now, the veterans affairs department says that this document has been out of use since 2007. take a listen to her from yesterday. >> i will tell you that this book has not been used, it was pulled off of the shells in 2007. we told medical practices not to use it. -- we told our medical practitioners not to use it. megyn: is that true? jonah, a fox news contributor, joins us now. good to have you here. this thing was not generated under president obama, it was generated years ago under president bush. and it was in use and the president's found out what it said, he put it out of use. she says that it has not been in use and that the obama
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administration had not revived it. chris wallace took serious issue with that. what is the truth? >> going from the report that i look at last week, she is terribly misinformed or not telling the truth. as of july 2, the directive was that this was supposed to be used for not just people at the end of life, but for 20-year- old that's coming home at the end of a tour in iraq. these questions implying that they should just shuffle off because they are going to be in a wheelchair. maybe you should just get out of the way. the defense that is offered, saying that this was not put forth by the obama administration, saying that this burbled of from the bureaucracy, is not that helpful.
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once you get the structure for it, it will be on autopilot. bureaucracies will tend towards this kind of thing and death panels will be on the horizon because the nature of rationed medicine works that way. megyn: why would an end of life counseling book that you will provide, why would it be raising issues about my life being worth living because i am in a wheelchair. it is one thing to say to any patient, do i want life sustaining measures? but this goes way beyond that. >> this goes into the realm of whether valuing that life is worthy of life.
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going into the idea that somehow if you are in a wheelchair or handicap, just to melancholy to contribute to society, maybe those are circumstances where you need to be culled from the tribe. that is the sort of thing that emanates from this document. i thought that that was completely counter to where the culture has been moving regarding mainstream people with disabilities. at least this creates a sense of legitimacy. who is not going to be depressed when they use the loose -- use -- lose the use of their legs? we do not tell people that a viable choice might be just to let go. megyn: the government, they are
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in charge of paying the bills for the person in a wheelchair or the nursing home. when the government is coming to that person, saying that you need to take stock of whether life is worth living -- asking yourself if you are a financial burden? it puts a layer of pressure on those people. telling these veterans to "hurry up and die." >> it is a strange place in society where we are, supposedly to give women seeking an abortion all of the information available is considered to be undue pressure. but telling people that if they have to ride around in an expensive wheelchair, maybe they should just shuffle off this mortal coil? it is a very weird place that we are in. if these practices come back? who knows.
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megyn: they maintain that it has not been in effect, although this has been on there website since july 2. physicians are required to refer patients to this. should the obama administration not just take this down? should they not just end of the controversy? >> of course. the politics are obvious, the morality is obvious. they send these four people out there that do not have the facts, they are going to get thrown under the bus. there is a specter of death panels hovering around this, supporting this seemingly grotesque document, telling
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veterans that maybe they should be euthanize. obama, saying that this does not represent my values -- this woman is placed out there to defend an indefensible document. she did it badly. she came across as being dishonest. i can guarantee you they're going to be talking about the obama administration abandoning them. megyn: it is another to just leave it up there without oversight, whenever she says the directive is still on there. jonah, thank you for the update. gregg: federal law requires her to keep it up there? i have never seen one like that. megyn: no federal law requires you to keep something online just because you spend time developing it.
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gregg: the convicted lot of the bomber is back in libya -- lockerbie bomber is back in libya. what role did gordon brown play in that? megyn: how did ryan jenkins managed to escape to canada in the first place? could his parents have played a role? wendy murphy, on the anatomy of a murder. if you've had a heart attack caused by a completely blocked artery, another heart attack could lurking waiting to strike. a heart attack caused by a clot, one that could be fatal. but plavix helps save lives. plavix taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming clots. ask your doctor about plavix, protection that helps save lives. if you have a stomach ulcer or other condition that causes bleeding
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gregg: the apparent suicide of a reality television set -- celebrity for murdering and mutilating his bikini model wife is sparking a new set of mysteries in the case. police say that brian jenkins killed his wife and fled to canada.
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his parents are said to be millionaires. the motel manager that found his body said that an unidentified woman helped to check him in. joining us now is wendy murphy, author of the book "and justice for some." "one who knowingly aids or assist in others after the commission of a crime is guilty as an accessory." might there be criminal charges here? >> i hope so and i think so. he did not get out of this country without help. there was too much sophistication and swiftness, different types of vehicles and so forth. that is not the kind of thing that a person can do alone. one of the comments made early on, they said they were speaking
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on the advice of counsel. gregg: what about the report that the parents provided financial or logistical support? and that they did so after they knew that their son was wanted as a murder suspect? >> possibly. here is an interesting issue. just because they knew that he was in trouble does not mean that they knew he committed murder. but they -- but it of that matter, that is what is good about the legal provision. if they knew that he was trying to evade justice, they do not know that -- they do need to know that it was a murder. gregg: you know a lot about this subject matter. let's put the tmz video on the screen. we have just obtained it. she is down in mexico, one month
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before she was murdered. four months after she is married. she is not there with her husband, she is there with another man. does that have motive written all over? >> for give me some sarcasm, -- for give me some sarcasm, but another jealous guy kills his wife? not an original story, it happens all the time. sadly there will be no justice because he took his own life, but what is great about it is now you have the evidence of his motive on video, which would have been great for the prosecution. how could he have ducked it? men do this unfortunately all too often. gregg: it is that classic if i cannot have her, no one will. thank you, wendy. megyn: it has happened again.
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passengers stuck on a tarmac for six hours. the airline says that they are changing the rules. find out how long he will be sitting there now. gregg: the president and his family are on vacation at martha's vineyard. can he afford to take off one week from the intense health care debate? bicycle, i've missed you. gathering dust, as pollen floats through the air. but with the strength of zyrtec ® , the fastest, 24-hour allergy relief, i promise not to wait as long to go for our ride. with zyrtec ® i can love the air ™ .
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gregg: new developments following the grueling flight delay at jfk. the ceo of sun country airlines announcing a new deadline for airplanes to head back to the terminal, four hours after everyone was stuck inside for six hours. megyn: who is this? sun country airlines?
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i can never -- i have never heard of them. gregg: the airline is promising ticket refunds for the 100 people on the flight. megyn: at least they are doing something. these other ones do not even care. you can sit there as long as they want. >> it is serious, it is the deteriorating. i have said that over the last couple of years. the taliban insurgency has gotten more sophisticated in terms of their tactics. megyn: a sobering assessment on afghanistan from admiral mike mullen. the top u.s. commander in afghanistan is set to release a report in the next couple of weeks. they say that it will likely mean more troops. that will be a tough sell domestically as americans think that this is a battle not worth fighting.
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conner, what do we expect from this assessment and the demand for more troops? >> the assessment was originally supposed to be delivered two weeks ago, it has been pushed to early september. the admiral says that this is just an assessment, a report on the conditions and progress of the needs of the coalition partners -- coalition partners in u.s. military in afghanistan. it will not be seen as a request. stanley mcchrystal has placed a real emphasis on protecting civilians, but military analysts say that there are simply not enough troops here to keep them out in a long term, that they simply need more. many coalition partners are removing troops in 2010 and 2011, there may be a need to fight the taliban and replace
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existing coalition troops. john mccain hinted that there may be three options, a small auction, a medium option, and a large option. how many is unknown to everyone who is not in the pentagon, but there will likely be a significant increase in the request next fall. megyn: thank you, conner. gregg: the obama administration is getting ready to declassify and interrogation report, possibly shredding a presidential promise to just move on from the questions of terror in it -- terror investigations. megyn: plus, a woman goes to bed with one of these men. in the middle of the sex act, she determines that it is not the brother that she thought it was. it was his twin.
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now, the sexual assault charges. can the cops make the case? that is in "kelly's court." and we're ready for it. because we took all our lists and we went to walmart. since walmart checks other store's prices... i didn't have to. that means we got home in time... for just a little more summer -- and for one last night of lightning bugs. back to school costs less at walmart. save money. live better. walmart. tylenol pm quiets the pain that keeps you awake. and helps you sleep, in a non-habit forming way.
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[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gregg: fox news alert, interrogating terror suspects. president obama taking over side away from the cia, putting together his own special squad of interrogators task with questioning high-value detainee s. hello, everyone. welcome to a new hour of "america's newsroom." megyn: bill is on vacation at an undisclosed location. hello, i am megyn kelly. this report on the cia, one that details the enhanced interrogation techniques, it
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could put national security in danger. gregg: but it is a key part of the president's policy to distinguish himself from his predecessor. what are we expecting today, catherine? >> the release of thousands of documents at the justice department. the cia inspector general's report was completed in 2004, considered the most detailed and independent assessment of the enhanced interrogation program, which included waterboarding of high value detainees. in addition, we expect documents that show the intelligence gathered from those in delegate -- interrogations'. those are the same documents that dick cheney requested that he felt would show that the program was worth it. gregg: a fairly steady stream of
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leaks, understand? >> i think that that is the larger story. what we have seen in the last few hours is a steady stream of leaks that contain the details of the then classified report on the mock executions that took place in the enhanced interrogation programs. over the weekend we saw the leaks from the department and whether they would continue to seek the prosecution of cia contact officers. finally, we have independently confirmed that the white house will be shifting high-value detainees from the cia to the fbi, and at that unit will have white house oversight. from what i have been able to gather from my intelligence contacts over the weekend is that they see these weeks and say -- these leaks as a politically motivated effort.
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gregg: thank you. megyn: growing outrage over the release of the lockerbie terrorist bomber and the celebration he received in libya when he returned. chuck schumer is calling for an official condemnation from the united nations. the man -- the only man ever convicted of the bombing of the flight was hugged by the libyan leader, half of the people killed more americans. -- killed were americans. libya is a temporary member of the u.n. security council. gregg: karl rove says that the health-care debate has come down to a question of numbers. not cost estimates, but poll numbers. here is with his magic marker. >> this is just political rhetoric. his real problem is the
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substance of the issue. he needs to stop questioning the motives of the people who have honest disagreements. the fox graphics department gave me some early high-tech slides that show the problem. this is the president's support amongst independence. job approval, 54 in july, 49 in august. approval on health care was 33 in july and 27 in august. here is another high-tech slide. the approval of his plan was 4246 in july, amongst independence, down to 36-60. 60s -- 60% oppose the plan. amongst independent voters, 34- 52. gregg: i need my eyeglasses for
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that one. megyn: can anyone connect karl rove to the graphics department? [laughter] gregg: you have got to love him. [laughter] he is going to be a guest on "kelly's"america's newsroom" ths coming thursday. we promised some high-tech graphics for him. megyn: i do not want them. i want those little white cards. gregg: i like it when he drew on them. megyn: maybe we will get that on thursday. given his assessment, how much vacation do you think that the president will be able to take? we are waiting for a live white house briefing from the island, which is scheduled to start in about 20 minutes. a number of senators are ready to call for drastic health care measures, including taking the
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nuclear option. that would allow a bill to go through without the support of any republicans or even all of the democrats in congress. major garrett is live from martha's vineyard. could the president bush, in some odd way, benefit from a vacation? >> let's pick up on where karl rove left off. any poll that you look at shows that the more the president talked about health care reform, the worst that the numbers got on the issue again for his approval rating. in some strange way, his being out of the spotlight might help. because when he is pushing aggressively, things get worse. not a tactical move, the president was going to take a week off anyways. but robert gibbs did mention something about how the
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president is overexpose. that will not happen on this vacation. the president will be virtually invisible, which could give his poll numbers and much-needed break. megyn: many of those poll numbers said they were tired of hearing from the president. no time like the present for some rest and relaxation. senator lieberman said that maybe the white house should start over of health care. is that likely? >> it is not. the white house is going to do what it always does, full speed ahead. gathering whatever kind of legislative package that they can put together. senator lieberman is amongst those that brings 58 of those votes to the senate, as robert kennedy and -- as ted kennedy and robert byrd are ill right
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now. as the votes began to peel off in the house and senate, as votes began to peel away you have to. it is described as a simple reaction to a change in events. megyn: hey, major? >> yes? megyn: ♪ happy birthday [laughter] a little birdie told me. >> 29, not a day over 25. [laughter] megyn: have a great one, buddy. >> indeed. gregg: for guy, having to work on his birthday. -- poor guy, having to work on his birthday. megyn: at least they sent him to martha's vineyard and he is
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not down in hot old washington, d.c. gregg: maybe he can have one of those obama tacos that they are serving. megyn: what are those? gregg: they have popcorn coconut shrimp. megyn: that sounds good. gregg: rarely is an airplane crash caused by a car crashing into it. megyn: look at that. gregg: 101, i used to travel that all the time. megyn: i bet that you never saw that. expanding healthcare, the white house -- saying that they will play a part? a must see fox news exclusive. gregg: all signs are pointing to a rebound in the housing market. trying to dump your million- dollar mansion? good luck. luxury for last in the sunshine
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gregg: dramatic new videotape of a small plane crashed. it tried to land on a highway. happened near santa barbara, california. the pilot noticed that he had no fuel left, he tried to land in the same direction as the traffic and he lost control. he took the airplane down in the southbound lane, which was a bit of a problem as the cars were going in the other direction. incredibly, no one was injured. traffic was backed up for miles,
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as you can imagine. megyn: unbelievable situation. this is a fox news exclusive, the white house is shedding more light on how you might have received spam e-mail from them. the white house hired a private communications company to distribute these e-mails, giving that group a list of names and e-mail addresses. some people are asking how much of your tax money has been used for this group. can anything be done about it? a member of the house financial services committee is our guest now. good morning, congressman. you had a harsh line about this over the weekend, saying that this is another ominous chapter in the administration's campaign to jam its message down the unwitting public. how'd you get there from my
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intro? >> if you look at the overall strategy of the campaign mode, it is not the same as a governance mode. if you see something like a white house snitch website, reporting so-called misinformation, then you see the white house going so far as to e-mail people that have not requested it, they are so bent upon foisting this on the american people, they are going beyond the powers of the executive branch. megyn: they are saying that this company has been used by many branches of the government, hired before president obama took office. and that this group sends out e- mails as a matter of course, that there was nothing untoward about it. why would there be an issue about it? >> it is in context.
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sated you received this e-mail regarding health-care issues from the white house. you might have said something in the past about the health care plan that maybe someone else did not like. you would not know whether you were reported to the white house side or not. here comes, from the white house, an unsolicited e-mail to you. the overall effect is not simply that it is a company that has been involved, but that there is a chilling effect that could be had on the health-care debate. megyn: but we knew that before. we knew that when we found out that the white house had as e- mail addresses. this is a new wrinkle, the white house using this third party to send out these e-mails. they require a paycheck. we assume that the white house has paid them. the question is where they got that money. is that taxpayer money? is there something wrong with
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that? it is one thing if the white house sends out an alert about fema or a hurricane, but is there a distinction here when they are sending out something from david axelrod, taking aim at people that opposed health- care reform, trying to convert them? >> in response to your last question, you are absolutely right. these are unsolicited e-mails, as opposed to someone riding in and then getting a response. what you are seeing are people in the house with a commission that needs to be gone through, and political content for people that have written other updates. megyn: so, you have to make sure that you do not do this. putting something on the dime of the taxpayer, it must be benign. >> that is what i think the white house should have strict
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guidelines about. to prevent political content from going in. the key nature of what you are talking about is the fact neddies are unsolicited e-mails going to people that have had no idea that they are receiving them. megyn: and that they may have paid for those. not only are they getting it, but they may have paid for it. >> and you may pay for it in more ways than one. megyn: how do you stop that? maybe they are just new at this. that you should be sending out e-mails from david axelrod is more than an innocent mistake. is this not a mistake? are they entitled to use taxpayer dollars for what ever message they want to deliver? >> i want to say, in fairness,
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this is new media. there are lines that have yet to be drawn. clearly, the intent is not to have people that have not requested information to be receiving unsolicited e-mail. the fact that we need to have the white house look at its own procedures, making sure that they, like the house, are not doing things that could be seen as politicizing an issue that emanates from the white house. megyn: may be president obama is thinking that right now while on vacation -- maybe president obama is thinking about that right now while on vacation. thank you for being here. >> thank you. gregg: i am sure that he is thinking about it. and megyn: is it any different from when he gets on air force one to have a town hall meeting? >gregg: it is a very fine line.
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megyn: well, they fall lawmaker and all lawmaker one. intruder is kicking down the door, a state senator was packing a pistol inside. he fired a shot, wounding one suspect, the other got away.
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the senator has served there for the last 40 years, he was not about to go out like that. he taught those intruders a lesson. gregg: brand new polls showing a huge majority of americans and not happy with that the decision to release the and am lockerbie bomber -- pan am lockerbie bomber. a brand-new poll will be available on line in about six minutes, 10:30 a.m., showing 82% americans disagree with that decision. the british prime minister released a letter that he wrote to the libyan prime minister. amy kellogg has more from london. is the fallout letting up in the uk? >> we spoke about this over the weekend.
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this is not just an issue between libya and the united kingdom, it is a transatlantic issue right now. very many americans are included, including the family members of pan am 103. what is happening right now is the scottish parliament is going to come back early from its summer vacation to demand an explanation from the justice minister as to why he sent the only man convicted of the bombing back to libya in passionate grounds. a lot of different voices feel that this decision has brought shame to scotland. some people are calling it a decision that has split scotland from its allies, like the united states. the united states is scotland's biggest export customer. there is a group calling for a
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boycott of scottish goods and a trip to scotland. some of the parliamentarians in scotland are demanding that a boat be cast next week to underline or back up the decision that was made. obviously, what has been done has been done. this says more about scott lind trying to regain some of its international standing in the heat of its criticism. gregg: thank you, amy. tell us what you think apple's foxnews.com. do you agree or disagree with it the decision to release the only person ever convicted of the bombing over lockerbie scotland? we have had a huge response already. the cia is relying on some very tough tactics to get information from people that might know about plots against this country.
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should mock executions it be used to scare terrorists into talking? megyn: gableman gets into mint with a man that she thinks is her boyfriend. -- a woman gets into met with a man that she thinks -- a woman gets intimate with a man that she thinks is her boyfriend. it turns out to be his twin. can she prove sexual assault? a bizarre one in "kelly's court." and you know what, it works.
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megyn: fox news alert, live to martha's vineyard. believe it or not, what is happening there is bill burton. an old friend here on america's news room is going to be giving a press briefing at 10:30, an early rise in martha's vineyard. in any event it will be bill burton taking to the microphone, briefing reporters on matters of national import. what might they be? we will find that out momentarily. we are watching it for you, when he comes out we will get a headline. keep it right here. things could get interesting. gregg: one of a likely topics at that briefing, the cia releasing
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a report that the agency used to mock -- used ocmock executions to get information from terrorists and suspected terrorist suspects. did they go too far? joining us on the telephone is a democratic congressman from pennsylvania, a member of the armed services commission. never know whether to call your congressman or admiral. >> congressman is fine. gregg: what do you think of that? is that crossing the line? >> i actually do. my perspective is always on our service members being captured. for years we have had a federal torture statute that has prohibited anyone in america from threatening anyone in
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custody with imminent death. i am always thinking about my daughter going over there, if she joins the military. the question is, did the cia employee cross the line? we do not know yet what guidelines he was operating under. were they in accordance with the legal counsel memo? it stated that threats of death were not be legal if they were not producing mental harm, that is a tough criteria to go by. that is why i think we should not be doing this at all. gregg: in fairness, that concerns shared by none other than john mccain. all of this is happening simultaneous to internal recommendation to eric holder, the attorney general. the department of justice is
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seriously looking at prosecuting cia employees and the treatment -- over the treatment of terrorists. that was reviewed several years ago by career prosecutors at the department of justice. there has been a change in administration, suddenly they are thinking about prosecuting these officers. what do you think of that? are you concerned that politics may have intruded? >> i am concerned that politics might have also been in the very first determination. you and i both know that there has been enough evidence, whether it is the appointment or desire to rid of u.s. attorney general's around the nation. politics has played into the bush administration. here is what i truly believe. if an employee follows the guidelines that he or she was
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given, they should not be persecuted or prosecuted. when an aircraft crashes, we do two things. we have two investigations. one, is there criminal negligence? because the administration came in and there was evidence that potentially rules were broken, then potentially there should be a review of that. i believe that there should be an outside investigation by congress, and the executive branch as well, given immunity -- we need to see what occurs. just like we would do for an airline crash, both things need to be done. how can we fix it in congress if better oversight should have been done? gregg: look, we were at war with
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a hidden enemy that was not conventional. these were terrorists that murdered nearly 3000 people on 9/11. there were clearly the extenuating circumstances. even the threat of prosecution has a chilling effect on intelligence officers that are genuinely trying to do their jobs. >> i was head of the naval anti- terror unit, as you probably know. i watched as a number of these captured individuals or brought in there. i remember watching one of them bang his head continuously. i said what is up with him? i was told that he was handed over and that he was mentally ill. my point is that even in war, there are rules that we abide by. if we know that there is a
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ticking bomb, certain things are done. but evidence has shown that strategically, you do not get more evidence from these individuals. there have been enough studies done on it since the korean war that have appeared to have worked even better. if there is a ticking bomb, i am not saying that. but evidence shows that there are better ways. we do not have to devalue our ideas to protect them. gregg: thank you for being with us. >> thank you for having me. megyn: these identical twins have one big characteristic that helps to tell them apart. a tattoo on the bottom of one of these guys help one woman tell them apart, but not before she jumped in the sheets with of the
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wrong guy. sexual assault charges, could she not tell them apart? that is next in "kelly's court." gregg: they are called identical for a reason. michael vick, back on the field. now a member of the philadelphia eagles. animal activists are not at all the fees by his apology for running a blood soaked animal rights -- dogfighting ring. what do they want from eagles ownership? next. next.
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identical twin, joe. jerrick is accused of sexual assault after allegedly tricking his brother's girlfriend into having sex with him. joe met the girlfriend in march, last month she called him for a late night visit. she showed up at his house. she and "joe" when for a dip in the family hot tub. -- went for a dip in that family hot tub, next thing you know they are having intercourse. next she notices that he does not have his signature tattoo on his rear end. turns out it is the twin brother, jared. now, jared is charged with sexual assault. there are serious questions on whether police can make the case. joining us now, our panel.
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>> unbelievable. megyn: according to her, we do not know if joe was involved, but jared was involved in summing up to no good. he is apparently some kind of a sports star. she claims that he pulled a fast one on her. mercedes, can they make this case? there are real questions in some states as to whether there is such a thing as rape by fraud. >> an unbelievably huge loophole in law. the statute here specifically states that there is no such thing as rape by the sea. here is this cop in training, he knows about this loophole. he has been studying criminal procedure lot as a cop in training. that is one of the biggest
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issues here, this statute has no provision to criminalize the action he is accused of. megyn: nevertheless, he has been charged. the first degree sexual assault charge in connecticut requires the use of force or the threat of the use of force. that is the problem, it is so narrowly defined. there was not a use of force, it was the use of fraud. >> although she does say at one point that he forced himself upon her when she exposed him. megyn: where is your cowboy tattoo on your bottom? >> exactly. but as far as the claim that she did not know one from the other, they are twins but not clones. there are many differences. even in that picture you can see
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them. when you get naked with someone, those differences are highlighted. if she claims that there is an issue of force, the defense will poke into the fact that she waited three days and there are no apparent injuries. there are key issues when it comes to trying a case. even if there was not this statute, it could work out that they could claim -- exactly, it will come down to injuries. megyn: let me ask you about that. let's say that they can get past this rape by fraud issue. was this consensual or not? what did joe, the real boyfriend, due to cover? how are they going to get past that? >> a great play. that is what is so crazy about
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this case. a jury could say "how could you not have known"? megyn: people are going to ask that. >> absolutely. she is going to say that, if you look at the warrant, intercourse happen on two occasions. in the first time she noticed, she said something. in the warrant it says that jared in her arms down and put a pillow on her head. if she testifies that way in the grand jury, it definitely establishes that force was used. megyn: what if the other brother in jack's reasonable doubt in the case by taking the stand and saying that it was
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him? >> that could be perjury and the end of his career. she was apparently having sex with him in a hot tub, then they go to the bedroom to have sex up there. that raises the credibility issue, seeming to say that she found out that he was the wrong guy and that is when she decided the crime took place. if that is the case, it is probably not a crime in connecticut. megyn: why not? she thinks it is her boyfriend, find that it is not, at which point she says no and it continues. that would be a crime. megyn: with that argument -- >> with that argument, they would convict in a nanosecond. megyn: apparently joe, her actual boyfriend, had a real girlfriend and she was the girl on the side.
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the defense lawyer is going to say did you called him, you were a woman scorned, take off, so on and so forth, and you concocted this whole scheme. >> that is a great theory. a defense attorney could make lots of that theory, saying that she knew he had a girlfriend and an identical brother. so, knowing all of these issues, what a great way to get back at him. not just ruining lives, but two. if he stands convicted, forget his career in law enforcement. megyn: david? >> the problem is that the actual boyfriend, if it turns out that he said just go for it when the brother asked if he could stand in, joe could face charges for aiding and abetting.
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there are a whole lot of legal possibilities. megyn: -- >> i always wanted an identical twin, but only to take my math tests. [laughter] megyn: this is so strange, this case could come out a number of ways. the law in connecticut is similar to massachusetts, and the massachusetts high court says that that law does not recognize the crime of rape by fraud. connecticut will need to update their laws immediately. regardless, if the woman alleges that the rate continued after she knew it was the wrong twin, if she can prove that it is greareape. r rape. -- rape. it appears that there could be more to this story. >gregg: brand new worries
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megyn: michael vick is still in the doghouse with animal lovers. the man who spent nearly two years in prison is now a member of the philadelphia eagles trying to get in shape. the team says that he has turned over a new leaf, but now animal welfare group is asking the eagles to put their money where their mouth is presenting a petition are out, requesting that the owner of the eagles match every dollar he pays michael vick with a donation to animal shelters. that could mean a total of $1.6 million -- $6.6 million over the
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next two years. gregg: he is bankrupt. i think there are other creditors ahead of them. native american tribes ruffling feathers with city leaders over casino construction plans. the tribes are claiming land in urban areas has reservations. cities say that tribal leaders are taking it vantage of the system. dan, how do these tribes even ask for gambling of their reservations? >> it is a great question. it is a question we're seeing a lot more of, especially here in the west. the tribal casinos are going crazy. tribal casinos rake in $20 billion a year, almost as much as the non tribal casinos in las
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vegas and atlantic city. what is essentially at play is the indian gaming regulatory act that was passed in 1988 as a way to allow the tribes to get some revenues on their reservations. a lot of times, these indian casinos are popping up off of reservations because a lot of these tribes are landless. they say, we want to have that be our reservation. a casino pops up on that land a few years later. gregg: are these tribes actually abusing the law? >> there is a huge loophole in the law. it allows these landless tribes to get land put in trust. what we're seeing now is some of these tribes had reservation and they want to have another reservation to put up a casino closer to population centers.
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we have a case out in arizona going on right now where a tribe actually has land along the arizona/new mexico border. another case out here in washington state, a tribe does not have a reservation, but historically, they want to put a casino 60 miles away from portland. it would be the closest casino to downtown portland. a lot of people say is that there is not on -- that is not where their ancestral land was. gregg: it started out with a slippery slope. thank you very much, dan springer brit megyn: the president keeping a watchful eye over terror interrogation. why some say it could put national security in danger.
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